MOHAMMAD NAWAZ vs MOHAMMAD SHAKEEL Ss — 2024 PLD 1 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2024 PLD 1 HIGH-COURT-AZAD-KASHMIR
Year: 2024
Reporter: PLD
Parties: MOHAMMAD NAWAZ vs MOHAMMAD SHAKEEL Ss
Subject matter: Civil
Provisions referred to: S. 12

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MOHAMMAD NAWAZ VS MOHAMMAD SHAKEEL Ss. 12(2), 104 & 115---application under S. 12(2), C.P.C., disposed of---Revision, remedy of---Limitation---On dismissal of his application under S. 12(2), C.P.C., aggrieved person, instead of filing revision, preferred appeal, and that too after lapse of five years---Validity---appeal, review and revision are creature of the relevant statute and no Court can entertain and adjudicate a lis if prayed remedy is not provided in law in a specific manner---Jurisdiction means jurisdiction which is conferred by law and not otherwise---although the High Court has vast and ample powers to convert and treat the appeal as revision and vice-versa, but said power is always exercised by taking into consideration the limitation for filing such lis---High Court, in the present case, was not inclined to exercise such power after lapse of five years---appeal filed against dismissal of application under S. 12(2), C.P.C., being not-maintainable, was dismissed, in circumstances.

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